Brett-- Can you help answer my question? Please


D

DIANA

We have severe CC debt to the tune of $70,000 +. We don't want to file bankruptcy now because it would most likely be chapter 13. We are going to have a child and want to wait because our income will change drastically. What happens if we get a judgement in the meantime. We are in CA and have no assetts. Payments on 2 cars.

Can we tell the court we are planning on filing BK?
Will that discourage them from collecting or will they just proceed for the time being.
Before wages are garnished can will fill out our expenses for the court to show them we don't have hardly any extra money to spare?
I saw the forms online called Financial statement (wage garnishment)

We don't want to file BK 13 and then have to pay extra to convert to BK 7. That just doesn't make good sense. We know we won't file until we receive our tax return for 2003 next February. We will have alot of expenses preparing for a child and I would almost bet ch 13 would not leave us or allow any extra money for expenses for a child that isn't even born yet.

Anyone have any recommendations for a GOOD lawyer in Los Angeles county, San Fernando Valley? We just went through a BIG waste of time with one.

Thanks in advance for any experience info and advice.

D
 
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B

Brett Weiss

We have severe CC debt to the tune of $70,000 +. We don't
want to file bankruptcy now because it would most likely be
chapter 13. We are going to have a child and want to wait
because our income will change drastically.
One option is to file a Chapter 13 now, and convert to a Chapter
7 when your income situation changes. Please note that *any*
credit card or unsecured debt that you obtain between now and
then could be subject to a claim that it was incurred "with the
expectation of filing for bankruptcy," and could be found to be
nondischargeable.
What happens if we get a judgement in the meantime. We are
in CA and have no assetts. Payments on 2 cars.
I can't speak to CA law, but generally, your wages can be
garnished, as can other assets (including bank accounts).
Can we tell the court we are planning on filing BK?
Sure, but it won't affect anything, or stop the entry of a
judgment.
Will that discourage them from collecting or will they just proceed
for the time being.
Likely, the later. People threaten to file all the time and don't
always.
Before wages are garnished can will fill out our expenses for the
court to show them we don't have hardly any extra money to
spare?

That won't affect anything.
I saw the forms online called Financial statement (wage garnishment)
We don't want to file BK 13 and then have to pay extra to convert to
BK 7. That just doesn't make good sense. We know we won't file until
we receive our tax return for 2003 next February. We will have alot
of expenses preparing for a child and I would almost bet ch 13 would
not leave us or allow any extra money for expenses for a child that
isn't even born yet.
If you have disposable income that can let you pay a reasonable
portion of your debt, you are required to do so.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
*****************************************************************
 
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D

DIANA

A BIG THANK YOU BRETT!
We have severe CC debt to the tune of $70,000 +. We don't want to file bankruptcy now because it would most likely be chapter 13. We are going to have a child and want to wait because our income will change drastically. What happens if we get a judgement in the meantime. We are in CA and have no assetts. Payments on 2 cars.

Can we tell the court we are planning on filing BK?
Will that discourage them from collecting or will they just proceed for the time being.
Before wages are garnished can will fill out our expenses for the court to show them we don't have hardly any extra money to spare?
I saw the forms online called Financial statement (wage garnishment)

We don't want to file BK 13 and then have to pay extra to convert to BK 7. That just doesn't make good sense. We know we won't file until we receive our tax return for 2003 next February. We will have alot of expenses preparing for a child and I would almost bet ch 13 would not leave us or allow any extra money for expenses for a child that isn't even born yet.

Anyone have any recommendations for a GOOD lawyer in Los Angeles county, San Fernando Valley? We just went through a BIG waste of time with one.

Thanks in advance for any experience info and advice.

D
 

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